Faulkners Surveyors is an independent company of structure property surveyors that specialise in the
Party Wall and so on. Act 1996 acting for Structure Owners, Adjoining Owners and as the Agreed Property Surveyor throughout London and the House Counties.
Party Wall (WikiPedia)
A party wall (occasionally parti-wall or parting wall, also referred to as common wall surface or as a demising wall) is a splitting partition between two adjoining structures that is shared by the owners of each house or business. Typically, the home builder lays the wall along a residential or commercial property line splitting 2 terraced residences, so that one half of the wall surface’s density lies on each side. This kind of wall is normally architectural. Event walls can additionally be formed by 2 abutting walls developed at various times. The term can be additionally made use of to explain a division in between different units within a multi-unit apartment building. Very commonly the wall in this situation is non-structural yet created to fulfill well established requirements for noise and/or fire protection, i.e. a firewall.
The Party Wall Act 1996
as it effects the garden
At first sight, it is easy to believe that the 1996 Party Wall Act does not impact garden construction, nevertheless it does affect the building of limit walls even if not part of structures and can likewise applies to deep excavations.
The Party Wall Act 1996 came into force in 1997, so it is now law and provides you rights and responsibilities whichever the side of the ‘wall’ you are on i.e. whether you are planning/doing deal with a pertinent structure or if your neighbour is.
The Party Wall Act does not apply to border fences.
The Party Wall Act does not affect any requirement for Preparation Permission for any work carried out. Similarly, having Planning Consent does not negate the requirements under the Party Wall Act.
The Party Wall Act comes into impact if someone is preparing to do deal with a pertinent structure, for the functions of the Act ‘party wall’ does not simply imply the wall in between two semi-detached residential or commercial properties, as far as gardeners are worried it covers:
- A garden wall, where the wall is astride the boundary line (or butts up against it) and is used to separate the properties but is not part of any building.
- Excavation near to a neighbouring home.
For information of how the Party Wall Act impacts building work in general, take a look at this page.
As with all work impacting neighbours, it is constantly better to reach a friendly arrangement rather than resort to any law. Even where the work needs a notice to be served, it is better to informally talk about the designated work, think about the neighbours comments, and change your plans (if appropriate) prior to serving the notification.
What garden work requires a notice and authorization.
The basic concept of the Party Wall Act is that all work which may have an impact upon the structural strength or support function of the party wall or might trigger damage to the neighbouring side of the wall need to be alerted. Guidance must be sought from a regional Building Control Workplace or expert surveyor/architect if in doubt.
Operate in the garden covered by the Party Wall Act include:
- To demolish and/or rebuild/build a party limit wall.
- To increase the height or thickness of a party border wall.
- Excavations within 3 metres of a neighbouring structure where the excavation will go below the bottom of the foundations of the neighbouring structure.
- Excavations within 6 metres of a neighbouring building where the excavation will go listed below a line drawn 45 ° downwards from the bottom of the foundations of the neighbouring building.
If the prepared deal with a border wall falls under the Party Wall Act, a notice needs to be issued to all impacted neighbouring celebrations. The notification must include (see sample letters in Part 5 of the Party Wall brochure):.
- The owners of the property undertaking the work.
- The address of the property.
- A full description of the proposed work (this will usually be simply a single sentence outlining the work).
- The proposed start date for the work.
- A clear declaration that the notification is being served under The Party Wall etc Act 1996.
- The date the notice is being served.
- If the work includes excavations, a drawing showing the depth, position and so on
If the prepared work is a brand-new boundary wall as much as or astride the limit line the procedure of serving a notice under the Party Wall Act is as follows:.
- The person planning to perform the work must serve a composed notification a minimum of one months prior to the desired start of the work to every neighbouring party providing details of the work to be performed.
- Each neighbouring party ought to respond in writing providing authorization or registering dissent – if a neighbouring party not does anything within 14 days of receiving the notification, the effect is to put the notice into dispute. Nevertheless no formal arrangement is needed for a wall up to the limit line, the neighbour simply requires not to object in writing.
- No work might begin on a wall astride the boundary line up until all neighbouring celebrations have concurred in writing to the notification (or a revised notice).
See below concerning what happens in case of a dispute/objection.
If the planned work is an excavation within the distance/depth covered by the Party Wall Act, the notice needs to be served at least one month before the prepared start day of the work. Neighbouring parties need to give written contract within 14 days or a dispute is deemed to have occurred.
See below concerning what occurs in the event of a dispute/objection.
If a conflict emerges, what happens.
If agreement can not be reached between neighbouring parties, the procedure is as follows:.
- A Surveyor or Surveyors is/are selected to identify a neutral and reasonable Award, either:.
- A single ‘Agreed Surveyor’ (somebody acceptable to all parties).
- Each party selects their own Surveyor to represent the individual parties.
The individual who is carrying out the work will usually need to pay all the costs of the Surveyors, the only exception being if the neighbour calls out a Surveyor unnecessarily – in the viewpoint of the Property surveyor. It must be kept in mind that any Surveyor must act within their statutory duties and propose a reasonable and objective Award.
- A single ‘Agreed Surveyor’ (somebody acceptable to all parties).
- The Agreed Property surveyor, or the private Surveyors collectively, will produce an Award which needs to be objective and fair to all parties.
- As soon as an Award has actually been made, all parties have 2 week to appeal to a County Court against the Award.
When you have contract.
All work should comply with the notification when you have arrangement. All the agreements ought to be retained to make sure that a record of the granted permission is kept; a subsequent purchaser of the residential or commercial property may want to develop that the work was performed in accordance with the Party Wall Act requirements.
- We have actually only given a brief overview of the Party Wall Act here as it impacts garden work however take a look at the Neighborhoods and City government website for a more detailed explanatory pamphlet consisting of example letters for notices and reactions.
- If a notice arrives suddenly, talking about designated work with neighbours is complimentary and can avoid misunderstanding which might occur.
- Your local Structure Control Office might have the ability to provide totally free suggestions regarding the Party Wall Act and how it applies to specific situations.
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